| Summary: | 碩士 === 國立臺灣大學 === 政治學研究所 === 98 === Our government promoted the policy of ’37.5% Arable Land Rent Reduction’ in 1949 when the agriculture of Taiwan was the half of the employment population and was including 40% of the GNP and 90% of the total export value. Under the unequal socioeconomic status between land owners and tenant-peasants, it is necessary to remodel their relationship between gains and losses through the provisions of Rent Reduction Act, ‘the maximum amount of land rent’, ‘rent-free disaster apology’, ‘calculation of the standard annual harvest’, ‘land tenants right of first refusal’, ‘condition limitations to lease termination’, and ‘the composition and dispute resolution of tenancy commission’; the bias is to protect the tenancy right and to increase tenant-peasants’ will of continuing cultivating.
However, after high-speed industrialization and urbanization and the national political and economic resource centralizes in cites, the results are the changes in land spatial structure and speculation. Under the changes in political and economic dynamics, the growth rates of ‘land rent’, ‘agricultural income’, ‘per capita income’, and ‘land value after the change of arable land’ are very different. Especially for giving the tenant-peasants one third land value compensation for lease termination, it is to maintain the livelihood of those who cannot continue cultivating, but instead is tantamount to offer the property right of tenant leasing land. In addition, the increase in value of the land change became not only the fast way to gather fortune rapidly but also the conflict aggravation between land owners and tenant-peasants.
For the dispute arising under the existing operation of 37.5% Arable Land Rent Reduction, the government should remodel the stakes of land owners and tenant-peasants by organization and system mobilization of bias. There are three suggestions in this research : 1. The government should delete the Paragraph 4 of Article 143 of the Constitution about supporting farmers to correspond to the necessity of existent political and economic development in Taiwan society and to make the legitimacy of the reason of No. 580 of J.Y. Interpretation disappear. 2. The compensation for lease termination to the tenant-peasants should afford their lowest life needs, and the government should share the duty of compensatory to tenant-peasants and review the policies of the farmers’ welfare and the structure of social assistance to contain the compensatory to the tenant-peasants. 3. To legislate the sunset clause for the repeal of 37.5% arable land rent reduction; to set the lease expiration date of the next six years in the end of 2014 as the repeal date of the land reduction act. The Management and lease of the original rent reduction lands should return to the free contract mechanism of the Agricultural Development Act.
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